Declaratory JudgmentInformation shared or individually discussed with members of Council. All responses where
positive and agreed that we should move forward with a Declaratory Judgment with the
Bankruptcy Judge in the KGEZ case. All Council members that I spoke with wanted to be kept
informed of the process.
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2. The towers are legal, FCC approved, towers, but not at their current location. The FCC
gives a license to broadcast and to erect towers, however, the owner has the obligatior
to abide by local, state, and federal laws when choosing the location of the towers.
3. The law says that the owner of the airport is under obligation to remove any hazards to
aviation around their airport.
4. Filing for a Declaratory Judgment would put the courts and any potential buyer on
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condemnation.
7. The Declaratory Judgment would be the first step towards any condemnation action.
8. Filing with the Bankruptcy Court in Butte will keep it out of the local District Courts for
now.
9. Filing of this action has been recommended by four separate lawyers, Murray,
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the towers are reluctant to proceed with the action.
1-2. The action will be filed and handled by the City Attorney.